Prevention of Damage by pests Act 1949
Paul of the Woods Family made this Freedom of Information request to Knowsley Metropolitan Borough Council This request has been closed to new correspondence. Contact us if you think it should be reopened.
Dear Knowsley Metropolitan Borough Council,
The Prevention of damage by Pests Act 1947 Section 2 (1) states:
"It shall be the duty of every local authority to take such steps as may be necessary to secure so far as practicable that their district is kept free from rats and mice...."
Rat control by Knowsley Council has always been a free service. This is correct, as the law clearly states that it is the Council's duty to control pests such as rats.
Can you tell me under what law gives the Council the right to charge a fee for something that it is their duty under the law?
And, at what meeting was this charge agreed to by Councillors, please supply the minutes.
Thank you.
Yours faithfully,
Paul Woods
Dear Mr Woods,
Thank you for your email received on 1 May 2017 requesting information about Prevention of Damage by pests Act 1949.
I have recorded your request for information under reference F2017.05.3470.
This has been passed to the relevant service and you will receive a response by 31 May 2017.
In line with guidance published by the Information Commissioner’s Office, the council may make a charge for the provision of information – for example in order to cover the costs of postage (in line with the relevant postal charges) or charges for printing and copying (which will reflect photocopying charges levied by the council’s public libraries) or if this falls within the regulations of an EIR (Environmental Information).
You will be informed if a fee is to be applied before information is to be provided.
If you need further information please contact me.
Kind regards,
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Mr Woods
Freedom of Information request F2017.05.3470
We have looked into your request for information about Prevention of Damage by pests Act 1949 and our response is detailed below;
I can advise that The Prevention of Damage by Pests Act 1949 does not make it a statutory duty for council's to provide pest management services. The Act only applies to rats and mice and makes the local council responsible for ensuring that the area is safe from damage, but it does not require councils to provide pest control services - either free or at a charge. Therefore, whilst councils are not legally bound to provide these services they do have enforcement obligations and powers under the Environmental Protection Act 1990 which empowers them to require land owners and occupiers to keep their premises in a reasonable state thereby meeting their obligation to take such steps as may be necessary to secure so far as practicable that their district is kept free from rats and mice.
As you may be aware, the Council’s funding from central Government has been drastically cut. These cuts are continuing to be made year on year, meaning that the Council faces the challenge of making a further £18m of permanent savings by 2020. This is in addition to the £86m already saved since 2010. Given the scale of the cuts from central Government, the Council has had to look at all of the services and support it provides to residents. We have also had to reduce our own workforce costs, generate more income from other sources, and work more closely with partner agencies to find additional savings.
The overall outcome of these funding cuts is that we simply cannot continue to provide the level of services we have provided in the past. As a result this has led many councils, including Knowsley Council, to either introduce a charge for the treatment of rats and mice or to cease the provision of a pest control service. The decision to introduce a charge for public-health related pests was considered as part of the annual Fees and Charges Report to the Council's Cabinet on 22 February 2017 and at full Council on 08 March 2017.
A copy of the relevant reports and the minutes can be found under 'Your Council' on the Knowsley Council website www.knowsley.gov.uk
If you need further information please see contact details below.
Kind regards,
Freedom of Information
Knowsley MBC
Archway Road
Huyton
Knowsley
Merseyside
L36 9UX
Dear Freedom of Information,
Knowsley Council stated:
"The Prevention of Damage by Pests Act 1949 does not make it a statutory duty for council's to provide pest management services. The Act only applies to rats and mice and makes the local council responsible for ensuring that the area is safe from damage, but it does not require councils to provide pest control services - either free or at a charge"
So, the act only applies to rats and mice, well yes that's what the problem is, rats.
The Council is responsible for ensuring that the area is safe from damage, but you then they go on to dismiss that by saying the law does not require Councils to provide pest control.
If you don't 'control the pests' how on earth can you say you are keeping the area safe from damage???
I have lived in Knowsley ALL of my life, and I have NEVER seen a rat problem like the one we have now, NEVER.
Knowsley Council has NOT kept the area safe from damage, and you know full well you haven't.
So can you please provide the information that supports your view that the area is safe from pests like RATS.
Yours sincerely,
Paul Woods
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